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Rosa and Raymond Parks Institute for Self Development v. Target Corp. | 812 F.3d 824 (2016)

It would be hard to discuss the civil rights movement without mentioning key figures of the movement, including Doctor Martin Luther King Junior and Rosa Parks. But are the individual privacy rights of these historical figures protected under the law? We’ll see whether a store could sell books about Rosa Parks without paying to use her name and likeness in Rosa and Raymond Parks Institute for Self Development versus Target Corporation.

In December of 1955, Rosa Parks refused to give up her seat to a White passenger on a Montgomery, Alabama city bus. Parks was arrested for violating a Montgomery city law that required all Black passengers to give up their seats to White passengers. In response to Parks’s arrest, Black residents boycotted Montgomery city buses for over one year. The Montgomery Bus Boycott was a key event in the civil rights movement. Congress later recognized Parks as the first lady of civil rights due to her role in the boycott.

Target Corporation sold six books about Parks its stores, including an autobiography. Target also sold a movie about Parks and a plaque that contained pictures of Parks. None of the books nor the plaque contained any Target branding.

In 2013, the Rosa and Raymond Parks Institute for Self Development, a Michigan nonprofit corporation that owns Parks’s name and likeness, sued Target for unjust enrichment, right of publicity, and misappropriation of Parks’s name and likeness under Michigan law. The institute invoked diversity citizenship and filed its lawsuit in the United States District Court for the Middle District of Alabama. The institute claimed that it didn’t give Target permission to sell the products bearing Parks’s name. Target sought summary judgment and the district court dismissed the institute’s complaint. The institute appealed.

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